I think that essentially that it does not, although it has been "misunderstood" by certain agencies such as the NSA to justify the violation of civil rights.
Then again, it becomes an issues of WHO we are spying on: do we want NSA looking at the type of porn we are viewing at the web, or do we want them looking at known terrorists and their communications networks? I vote for them looking at the terrorists.
So, by limiting civil rights violations to the individuals that are likely to be enemies of society, we minimize the number of people affect by the government's actions and we limit the negative consequences of the government's actions ( while also potentially limiting the suspected terrorists actions to cause negative consequences).
The hedonistic calculus changes when the government uses a shotgun-effect "bulk collection" model; the number of people affected is maximized in relation to the preventive consequences; in addition, we add a new negative consequence, the loss of trust in the government by the governed.
So we would use utilitarian theory to show a greater benefit from selectively violating civil rights in the case of an individual terror suspect, while using utilitarian theory to shower a greater harm from violating civil rights using "bulk collection" methods.
Durchin, S. (2015, January 13). “All that is necessary for evil to triumph is for good men to do nothing” . Grad School Fool. Retrieved May 13, 2015 from
A clear definition of law to the point of WHO can be considered a terrorist, and HOW terror suspects can be legally treated.
When possible, the capture of and enhanced interrogation of terror suspects.
Retribution against state entities supporting terror organizations.
In the 50's the FBI was pretty free to operate against subversives, in terms of aggressive operations and in surveillance. Over the course of the 60's, the national mood started changing. By the 1970's, when the public was made aware of the debatable excesses and the actual excesses of COINTELPRO, and the extreme excesses of CHAOS; this caused a backlash against the intelligence services and severe restrictions on their ability to operate. Not much happened in the 80's and 90's that wasn't able to be handled (but not much happened at all, comparatively to other time periods).
9/11 pushed the pendulum back towards allowing the intelligence services some leeway. The NSA spying scandal demonstrates it doesn't take too long for that pendulum to swing all the way! Hopefully, we as a society don't overreact to that situation and hobble our spies again.